1) These conditions of Sale are incorporated into every order for plants from The Culinary Herb Company and on acceptance of any such order are terms of the Contract of Sale. In the event of inconsistency between these Conditions and any order form or purchase note delivered to us in respect of an order these conditions shall prevail.
2) Any Contract of Sale is made on the assumption that plants of the variety and type specified in the Contract will be available at the date of despatch and the Contract is conditional upon the availability of such plants at the time specified for despatch. In the event of such plants not being available for whatever reason we reserve the right to substitute alternative varieties unless the purchaser specifically requests no substitutions.
3) If delivery is requested we assume that the delivery address is able to accommodate a vehicle (up to 23ft long, 6ft9inchs wide and 8ft6inchs high) without the risk of incurring parking or penalty charges. Any such charges or penalties incurred will be passed onto the customer. Deliveries are available to addresses within the M25 district only unless discussed with the company beforehand. Herbs are packed in trays of eight. Minimum order for delivery is 4 trays consisting of 32 individual pots of any variety. Delivery days are Tuesdays and Saturdays unless otherwise arranged with the company beforehand. Labels per pot can be ordered at extra cost. Cost of delivery is free only if the order falls within the terms and conditions. Orders must be received by 12pm on a Monday to enable us to arrange transport for the same week. When orders are to be collected we require 48 hours notice.
4) The property in the plants will pass to the buyer when they are delivered to the buyer and the plants are at the buyer’s risk when the property so passes. Any damage or delay in transit should be notified to us in writing within 24 hours from the date of delivery.
5) All reasonable steps will be taken to ensure that delivery is effected at the agreed time but we cannot accept any liability for any loss arising from delayed delivery however it might be caused.
6) Should any of the plants supplied fail to comply in quantity, quality or description with the particulars of the order we shall be liable to replace the defective plants with other plants which are in all respects in accordance with the order or if such goods are not available refund the purchase money (or a proportionate part of the purchase money) in respect of the defective plants, but we shall in no circumstances be liable in respect of any other loss incurred by the buyer as a consequence of the supply of the defective plants. That notice in writing be given within 24 hours from the date of delivery is a condition precedent to any liability on our part unless the buyer can establish that the defect in the plant had not become apparent within that period. No exchange of product or credit will be given until the defective plants in question have been returned to The Culinary Herb Company in reasonable condition and within 5 days from the original date of delivery.
7) We try to ensure that the plants are free of disease or infection but should diseased or infected plants be supplied against any order the buyer must give notice in writing to us immediately the presence of such disease is suspected or discovered, or ought with reasonable care to have been suspected or discovered. Subject to us being satisfied that the disease or infection existed at the time of despatch and materially affected the plants and did not arise through any other cause we shall at our option replace materially affected plants or refund the purchase price of such plants but shall incur no other liability in respect of any consequential loss of whatsoever nature arising out of the supply of such plants.
8) Cancellations of orders for plants must be made as soon as possible and no less than 6 weeks prior to collection / delivery date. If Less than 6 weeks notice is given then 50% of the invoice value may be charged. Should you, the customer, cancel an order less than 24 hours before the order is due to be delivered you will be charged in full. Should the order have been packed or has left the site you will be charged in full.
9) All prices issued are subject to alteration without notice, but will be notified prior to despatch.
10) Unless otherwise agreed, payment is due 30 days from the invoice date. If payment is not received by the due date The Culinary Herb Company is entitled to cancel the contract or suspend any further deliveries and charge 2.5% per month from the date of the original invoice until payment in full is received. Payment for plants can be made by cash, cheque or by an online transfer. Credit or debit cards can be used by making an order online through our website at www.culinaryherbco.co.uk
11) On acceptance of our terms and conditions, we are authorised to maintain computer records regarding your company in relation to your business with us (in accordance with the Data Protection Act) and from time to time to send you information regarding our products and availability unless written notification is given to the contrary. Any personal details are for our own use and will not be passed to any third party without your permission. Credit Card details will be destroyed once the order is complete